Klippenstein v. Parmar - settlement amount

Total award:    $40,000 (pain and suffering)

 

On balance, the judge accepted the link between the collision and Mr. Klippenstein’s present complaints. The specialist physician did not find marked reduction in Mr. Klippenstein’s range of motion of the neck in May 2000, but he did so in January 2003. Despite this, the judge relied on the analysis of the then family doctor who noted significant reduction in range of motion already on April 27th, 2000.

 

However, the judge accepted the defence’s argument that Mr. Klippenstein failed to mitigate his damages by failing to take recommended physiotherapy. Also, Mr. Klippenstein took on considerable work related physical activity in his attempts to return to his delivery business. The Judge assessed non-pecuniary general damages at $50.000, but reduced this by 20% to $40.000 for failing to mitigate his injuries.

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